Constitutional Commission Publishes Explanatory Notes on the Role of the Judicial Committee of the Privy Council

The Constitutional Commission has published the latest in its series of Explanatory Notes to mark the occasion of the historical visit of the Judicial Committee of the Privy Council (“JCPC”) to the Cayman Islands this week. This is the first such visit to a United Kingdom Overseas Territory and therefore an important constitutional milestone for the Cayman Islands.

Under section 118(3)(c) of the Cayman Islands Constitution (“the Constitution”), the Constitutional Commission is charged with promoting understanding and awareness of the Constitution and its values and, to these ends, the Constitutional Commission’s Explanatory Notes on the JCPC cover a range of topics, including:

• The role of the JCPC as the court of final appeal for the Cayman Islands;

• The history of the JCPC and its enduring relationship with the Cayman Islands;

• The process by which appeals from the Cayman Islands proceed to the JCPC;

• The composition of the JCPC and the appointment of Caribbean jurists;

• The regional debate surrounding the continuing relevance of the JCPC;

• The significance of JCPC case law and examples of decided cases; and

• The cases that will be decided in this sitting of the JCPC in the Cayman Islands.

These Explanatory Notes have been designed for general informational purposes and the Constitutional Commission has also included links to a range of materials online for persons interested in further research and investigation. Constitutional Commission Chair, Vaughan Carter, also emphasised: “the Constitutional Commission’s hope that the Explanatory Notes on the JCPC will be accessed by educators and young people, in particular, as the Constitutional Commission seek to generate interest in all matters constitutional in our schools and colleges”.

The Explanatory Notes on the JCPC will be posted to the Publications page of the Constitutional Commissions website (https://www.constitutionalcommission.ky), where the following information published over the last few years can also be accessed:

• Constitutional Commission 2022 Update, 1 July 2022

• Guidance Note on Parliamentary Codes of Conduct and Enforcement, 8 March 2022;

• Explanatory Notes on the Speaker of the Parliament of the Cayman Islands, 20 October 2021;

• Letter re Supplementary Legislation and the Constitution, 15 October 2021;

• Conclusions and Recommendations on Advisory District Councils, 15 October 2021;

• Constitutional Commission 2021 Update, 5 July 2021;

• Explanation of the Constitutional Issues Arising from the Day and Bodden Bush Litigation, 7 June 2021;

• Post-Election Update 14 May 2021;

• Explanatory Notes on the Appointment of the Premier and Other Ministers and the Election of the Speaker of Parliament Following a General Election, 20 April 2021; and

• Explanatory Note on the Proposed Amendments to the Cayman Islands Constitution Contained in the Draft Order in Council, 17 February 2020.

If the public has any questions relating to the Constitution, the Constitutional Commission can be contacted at: info@constitutionalcommission.ky .